2603 Rosewood Dr. Fayetteville, AR 72703 

June 16, 2015 

Docket Operations, M-30 

U.S. Department of Transportation 

1200 New Jersey Ave, SE 

Room W12-140, West Ground Floor 

Washington, DC 20590-0001 

Subject: Petition for Section 333 Exemption 

I, Matthew Krauft, of 2603 Rosewood Drive in Fayetteville, Arkansas 72703, hereby petition the FAA for an exemption from various sections of 49 USC of Federal Aviation 

Regulation. I am associated with NWA Video Tours of 2603 Rosewood Dr. Fayetteville, AR 72703, and will be the Pilot in Charge of all aerial photography, following approval of this request. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 

112-95, I request certain exemptions in order to conduct commercial aerial photography (henceforth meaning still photo and/or video) operating the DJI S1 000 and DJI Phantom 

2 unmanned aircraft systems. 

Sincerely, 

Matthew C. Krauft 

2603 Rosewood Dr. 

Fayetteville, AR 72703 

mckrauft@gmail.com 
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 

112-95, I request certain exemptions in order to conduct commercial aerial photography 

using the DJI S1000 and DJI Phantom 2 unmanned aerial systems. 

The DJI S1000 consists of eight electric motors with rotors, powered by a Lithium 

battery and managed by an onboard flight control system (A2) that is remotely accessed 

by the Pilot in Charge using a portable control unit. The DJI Phantom 2 consists of 4 

electric motors with rotors, powered by a Lithium battery and managed by an onboard 

flight control system that is also remotely accessed by the Pilot in Charge using a 

portable control unit. 

The DJI S1000 remote control unit is a wireless communication device using the 

2.4GHz frequency band. The DJI Phantom 2 remote control unit uses the 5.8GHz 

frequency band. Both frequencies are approved by the FCC for limited-range 

communication purposes. 

The DJI S1000 has a maximum takeoff weight of 11kg or 24.25 pounds. Although not 

specified in the user manual, the DJI S1000 roughly has a top speed of 30-40 knots. For 

my purposes, I would not exceed 15 knots. The DJI S1000 is managed by the DJI A2 

onboard computer and has the following safety features: Intelligent Orientation Control 

(IOC), Intelligent Landing Gear Function, Auto Return-to-home, One-Key Go-Home, and 

One-Motor Fail Protection. The same system can set maximum altitude and distance 

(from home-point) so that the UAS does not exceed preferred parameters. In addition, 

the control system has a No Fly Zone feature that will prevent takeoff from within 

Controlled/Restricted Airspace and warn the Pilot in Charge of an impending intrusion 

when in flight. The manufacturer, DJI, regularly updates software and firmware. 

The DJI Phantom 2 has a maximum payload of less than three pounds including the 

camera (1350 grams or 2.97 pounds). The maximum forward speed is 29.16 knots. For 

my purposes, top speed with not exceed 15 knots. The DJI Phantom 2 is managed by a 

sophisticated GPS control system that assures a Return To Home (RTH) procedure in 

the event of Loss Of Signal (LOS). The same system can set maximum altitude and 

distance (from home-point) so that the UAS does not exceed preferred parameters. In 

addition, the control system has a No Fly Zone feature that will prevent takeoff from 

within Controlled/Restricted Airspace and warn the Pilot in Charge of an impending 

intrusion when in flight. The manufacturer, DJI, regularly updates software and firmware. 

I, Matthew Krauft, will use the UAS in daytime only to enhance real estate marketing for 

realtors in the Arkansas counties of Washington and Benton. 
 Examine the aircraft 

looking at connections and searching for cracks and/or loose 

parts. 

• Determine that the electronic elements are performing correctly (receiving more than 6 

GPS signals along with calibration of the magnetic compass. 

• Determine that the barometric altimeter reflects approximately 0 feet AGL. 

• Following takeoff, I will hover at an altitude of approximately 10 feet AGL to assure the 

Home Point is marked. 

• I will exercise all controls to confirm their functionality- if one of the controls is not 

functioning, the flight will be terminated immediately. 

• I will fly only with a Visual Observer (VO) at my side who will provide a second set of 

eyes to assist in observing possible flight hazards and help assure the UAS remains in 

Visual Line of Sight (VLOS) of PIC. Since purchase of the Phantom 2 and S1 000, all 

training and skill improvement flights have been with the same VO. 

• I will not fly over or near dense automobile traffic or crowds. 

• I will give right-of-way to any manned aircraft. 

• I will stay clear of FAA controlled airspace at airports (generally a five nautical mile 

radius) as well as restricted and prohibited zones. 

• I will fly no higher than 400' AGL and no further than 1 000' from the Home Point, 

recognizing that the primary responsibility is to keep the aircraft safely within VLOS. 

• I will stay clear of clouds and fog (500' vertically and 2,000' horizontally). 

• I will perform a post-flight check of the UAS to determine its physical and electronic 

condition. 

Operating Procedures: 

• After receiving permission from the property owner/representative/business owner, I 

will notify all adjacent property owners/business owners of our intentions and 

anticipated time on site. 

• I will not fly over neighboring properties unless permission is granted. 

• I will keep individuals not involved in the flight at a safe distance (500' feet if practical). 

• I will post a sign stating: "Take Notice: Aerial Photography Under Way- Stay Clear". 

Altitude, distance from the PIC, airspeed, and battery state-of-charge are data 

constantly viewable on the On-Screen-Display (OSD), which is equivalent to an 

aircraft's control panel. I maintain that the above checklist and procedures will minimize 

risks to property and persons on the ground as well as other aircraft in the National 

Airspace. 
The serial number on the S1000 is: 0200023057. I will mark the aircraft with whatever 

'N' number the FAA requires. 

Exemption Requests: 

14CFR 

Part 21 Airworthiness Certification 

Subpart H "prescribes the procedural requirements for issuing and changing design 

approval, production approval, airworthiness certificates and airworthiness 

approval." (Summation from Exemption No. 11138, page 11) 

Response: "The Secretary of Transportation has determined that this aircraft meets the 

conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 

CFR part 21, and any associated noise certification and testing requirements of part 36, 

is not necessary." (Summation from Exemption No. 11138, page 11) 

Part 61 (a)(b) Parts, General Operating and Flight Rules 

(a) Prescribes the requirements for issuing pilot licenses and the privileges and 

limitations associated with various ratings. 

(b) Aeronautical experience means pilot time, flight simulator or flight training device for 

meeting the appropriate training and flight time requirements for an airman certificate. 

Response: Organized or commercially available FAA-approved flight training has yet to 

be achieved by the UAV industry. While I have regularly used a flight simulator on my 

computer, those skills are generally not transferable to quadcopter/octocopter operation. 

My sources of training are: the Flight Instruction Manuals from DJI; online videos from 

the manufacturer as well as videos from users; and most importantly, personal training 

in a secure location - an open area not subject to traffic and/or uninvolved individuals. 

Those training flights, which have averaged 10-15 minutes each, deal with setup, 

physical and electronic safety checks; lift off followed by hovering at approximately 10 

feet to confirm that the GPS system is functioning properly and has registered its Home 

Point; a prescribed flight plan to familiarize and then master the fight controls and 

camera; returning to the launch point and landing, either on a plastic pad for the S1000 

or having my VO secure the Phantom/S1000 by hand. I then conduct a post-flight 

inspection for any problems, log the location and flight time and then view the video. 
Response: Since a quadcopter/octocopter, like a helicopter, takes off and lands 

vertically, a Phantom/S1000 pilot would not need to know this information since there 

are no runways involved and the return from flight is the takeoff point. The FAA has 

determined that "relief is not necessary." (Summation from Exemption No. 11138, page 

20) 

§91.105 

Summary: This section deals with flight crew members at stations. 

Response: Since there are no passengers, pilots or crew members, I respectfully 

request relief from this regulation. 

§91.109 

Summary: This sections deals with flight instruction, simulated instrument flight and 

certain flight tests. 

Response: None of these functions are applicable to a quad-copter flight and, as stated 

earlier, there are no FAA certified instructors or FAA certified study guides available at 

this time for quad-copter operation. I respectfully request an exemption from this rule. 

§ 91.119 (a) (b) (c) 

Summary: This section deals with minimum safe altitude stating that if the power fails 

anywhere, an aircraft should have an altitude sufficient so that an emergency landing 

can occur without hazard to persons or property (91.119 a). It also sets minimum 

altitudes over congested areas and uncongested areas as well as has a paragraph on 

helicopters (91.119 b). It also sets minimum distance (500 feet) from any person, vessel, 

vehicle, or structure (91.119 c). 

Response: None of the altitude requirements in this regulation should apply to a UAS 

since these aircraft are required to fly below those altitudes. Their weight, speed and 

GPS-controlled Return to Home feature mitigates against a catastrophic accident. A 

manned aircraft is much heavier and larger than a Phantom/S1000. If a Phantom/S1000 

were to crash, it carries no humans, no explosive fuel and since it flies primarily over a 

single piece of private property, any damage would likely be minimal and confined to 

that area. As to keeping 500' from any person, vessel, vehicle or structure, the purpose 

of real estate quadcopter/octocopter photography is to fly close to the subject structures 

with the permission of the owner/representative. I maintain that my nearly 23 hours 

flying the Phantom 2/S1 000 have provided me with sufficient skills to manage safely 

any approach under 500 feet. 
airport

 be set in the altimeter or the 

current reported altimeter setting of a station along 

the route and within 100 miles of the aircraft". 

Response: An UAV cannot comply fully with this section's altitude requirements. The 

Phantom/51 000 is equipped with a barometric altimeter which automatically calculates 

the takeoff altitude (0 AGL) when the aircraft is warmed up -the launch point becomes 

the "elevation of the departure" point. The altitude of the UAV is visible in the control 

monitor (a smart phone or 050) by the PIC before launch and is consistently updated 

as the flight progresses. I respectfully request an exemption from this rule. 

§ 91.151 

Summary: This section deals with fuel requirements for VFR flights stating, among 

other things, that "no person may begin a flight in an airplane under VFR condition 

unless ... there is enough fuel to fly to the first point of the intended landing and, " ... fly 

after that for at least 40 minutes (day) and 45 minutes (night)". 

Response: This regulation deals with 'reserve' fuel. This could include any condition 

that increases flight time or fuel consumption. Weather would be one factor including 

wind, turbulence and the necessity to divert around threatening thunderstorms. 

Compliance with this regulation is not possible because the 'fuel" onboard the Phantom/ 

51000 is not aviation gas but a DC battery with a maximum flight duration of 25/15 

minutes respectfully. Fuel management of an UAV requires constant monitoring of the 

battery's state-of-charge and bringing it home before it reaches the manufacturers 

recommended 30% level. In our training flights, we've found that a flight of 10-15 

(Phantom) and 8-12 (51000) minutes to be safe, returning the UAVto its Home Point 

around the 40% level. I respectfully request an exemption from this rule. 

§ 91.405 

Summary: This section deals with aircraft maintenance including regular inspection, the 

keeping of appropriate maintenance records and replacement of inoperable instruments 

Response: Maintenance on the Phantom/51000 is quite straight forward. If, in landing, 

a rotor blade or two are damaged, they are quickly replaced. The traditional instrument 

cluster in an aircraft is replaced by a data stream from the Phantom/51 000, visible in 

the control monitor (smart phone or 050). Replacement of minor parts are performed 

by the PIC and a major 'overhaul' that can't be easily resolved will go back to the 

manufacturer for repair. Currently, there are no required inspections by 'authorized' 

maintenance personnel and there would be no space/room on board to install a placard 

of inoperability. I respectfully request an exemption from this rule. 
maintenance. Again, this is a PIC

s responsibility to preflight the Phantom/S1000 and 

determine its flyability. And, as mentioned earlier, there is no pilot, crew members or 

passengers on board the Phantom/51 000. I respectfully request an exemption from this 

rule. 

§ 91.409 

Inspections: This section deals with the necessity of annual and 1 00-hour inspections 

or "progressive inspections" and approval by authorized persons which will lead to the 

"issuance of an airworthiness certificate." 

Response: As stated earlier, there is no FAA approved inspection protocols nor 

authorized inspection personnel. The PIC handles those issues each time the Phantom/ 

S1 000 is prepared for flight. The pre-flight check list enumerated earlier will be followed 

to determine its mechanical and electronic integrity. I respectfully request an exemption 

from this rule. 

§ 91.417 

Maintenance Records: This section requires a maintenance record be kept on repair, 

replacement and condition of vital parts (rotors, engines & airframe). Certain records 

must be retained for one year while other record must be kept with the aircraft even 

when sold to another part. 

Response: The details of this section would be impractical with a Phantom 2/51000, 

but repair issues can be entered into the aircraft log. I respectfully request an exemption 

from this rule. 

The above requests for exemptions follow the guidance published by the FAA. 

Safety: 

The Phantom 2/S1 000 are UAS with multiple safety features to assure a safe and 

efficient flight, minimizing personal injury and property damage and integrating with 

minimal risk into the NAS. They include: 

• A GPS flight system that allows for stable remote control of the aircraft. 

• The ability to hover in place by simply taking hands off the controls. 
 Use of the 

radar

 mode which instantly allows the PIC to pinpoint the UAV. 

• The No Fly Zone control software will prevent takeoffs within a S-mile radius of a 

major airport as well as provide warning in the event that the aircraft inadvertently 

approaches the zone while in flight. This warning will provide sufficient time for 

the PIC to reverse course. 

• Readout of the battery's state of charge so that there is sufficient power to bring 

the UAV home. 

• The weight, size, speed and limited flight which focuses on inanimate objects 

(homes) reduces the likelihood of significant personal or property damage. Flight 

of the UAV risks no on board lives, as in helicopter or plane photography. The 

safety features associated with the Phantom/51 000 as well as my pre-flight 

checklist and procedures will assure that public safety is not adversely affected. 

Airports and Prohibited Areas: 

Since I intend to conduct flights above properties in northwest Arkansas, there are 

several airports that require precautions. I am familiar with these airports. I will follow all 

FAA regulations. 

• Northwest Arkansas Regionai(KXNA)- FAA Control Tower (127.1) 

• Bentonville Municipal (KVBT)- CTAF/UNICOM (122.8) 

• Rogers Municipal (KROG)- Rogers Tower/CTAF (119.375) 

• Springdale Municipal (KASG)- Springdale Tower/CTAF (118.2) 

• Drake Field (KFYV)- Drake Tower (121.8) 

• Smith Field (KSLG)- CTAF/UNICOM (122.8) 

Community Benefit: 

First and foremost is the level of safety offered by the use of a small UAS in comparison 

to a manned fixed wing or rotorcraft. Weighing less than 25 pounds with camera, the 

UAV described in this application are incapable of causing the level of damage or injury 

caused by a full-size, manned aircraft. Additionally, the ecologic and noise impact is 

negligible as compared to traditional manned aircraft. Lastly, as real estate is a large 

part of our community economy, the use of a small UAV aerial filming platform is a costeffective and visually impactful means to promote available properties, therefore 

becoming an economic driver in the community. 
Matthew Chester Krauft 

Attachments: 

1. DJl Phantom 2 User Manual 

2. DJl S1 000 User Manual 

3. Private Pilot License #4304 79294 and Arkansas Driver's License 

4. Area of operation VFR Sectional Map (Washington and Benton County Arkansas on Kansas City Sectional) 

5. DJl Phantom 2 Battery Safety Guidelines